Statement of Scope
Department of Children and Families
Relating to: Child care licensing and certification updates related to the Child Care and Development Block Grant
Rule Type: Emergency and Permanent
This statement of scope was approved by the governor on 2/22/19.
1. Finding/nature of emergency (for emergency rules only)
An emergency rule is necessary to fully implement federal regulations required for funding from the Child Care Development Fund by the deadline of September 30, 2019.
2. Detailed description of the objective of the proposed and emergency rules
The proposed and emergency rules will update the department’s child care licensing and certification rules related to the federal regulations issued to implement the Child Care Development Block Grant (CCDBG) Act of 2014, including the following:
The new CCDBG regulations specify health and safety topics that must be included in each state’s statutes or rules applicable to child care providers. Many of the topics are already included in the department’s licensing rules but are not included in the certification rule. The proposed rules will create new or additional requirements in the certification rule on the following topics:
- Handling and storage of hazardous materials and the appropriate disposal of bio-contaminants.
- Prevention and response to emergencies due to food and allergic reactions.
- Pediatric first aid and cardiopulmonary resuscitation.
- Emergency preparedness and response planning for emergencies resulting from a natural disaster or a human-caused event such as violence in a child care facility. The regulation lists specific topics that must be included in the emergency preparedness requirements.
- Appropriate precautions in transporting children.
- Building and physical premises safety, including identification of and protection from hazards, bodies of water, and vehicular traffic.
The proposed rules will also clarify language in the certification rule on the administration of medication. The licensing rules will be amended to add required detail to the current emergency preparedness requirements, clarify existing language on food allergies, and clarify and modify provisions on transporting children.
The CCDBG requires the state agency to conduct the background checks and determine eligibility of an individual to hold a license or certification, reside in, or work in a child care program. Since the previous state background check statute for child care and child welfare providers at s. 48.685, Stats., provided that licensees conduct the background checks of employees, a new state background check statute for child care providers was created at s. 48.686, Stats. Section 48.685, Stats., will continue to apply to child welfare providers. The proposed rules will modify provisions related to the new requirements under s. 48.686, Stats., in the child care certification and licensing rules. In addition, the department’s background check rule in ch. DCF 12 will be amended to create a new required appeal provision for child care providers and to make other related revisions. The proposed rules will create new training and continuing education requirements in the certification rule based on 45 CFR 98.44 and s. 48.651 (1d), Stats., as affected by 2017 Wisconsin Act 59. The proposed rules will establish a requirement that certified providers complete 5 hours of continuing education per year. The licensing rules will be amended to add topics required under 45 CFR 98.44 that are not included in the current licensing rules. Administration, Monitoring, and Enforcement
Each state is required to ensure that child care providers comply with applicable health and safety requirements. The department’s contracts with certification agencies have been revised to include the responsibility for annual unannounced monitoring visits of certified operators. The certification rule will be amended to incorporate this change and to clarify administrative and enforcement responsibilities of certification agencies.
The proposed rules will also clarify the monitoring of programs operated by school districts under ch. DCF 252, Subchapter II. School-Age Certification Repealed
Certification for school-age programs under s. DCF 202.09 will be repealed. There are currently only 4 certified school-age programs statewide.
Incorporate State Statutory Requirements
The proposed rules will also amend the certification and licensing rules where necessary to include the state statutory requirements for vehicle liability insurance under s. 344.62, Stats., and carbon monoxide detectors under s. 101.149, Stats. Streamlining
The proposed rules may also include changes proposed in SS 097-15 to reorganize the rules and improve clarity for child care providers. 3. Detailed explanation of statutory authority for the rule
Section 48.67 (intro.), Stats., provides that the department shall promulgate rules establishing minimum requirements for the issuance of licenses to, and establishing standards for the operation of, child welfare agencies, child care centers, foster homes, group homes, shelter care facilities, and county departments. Those rules shall be designed to protect and promote the health, safety, and welfare of the children in the care of all licensees. Section 48.651 (1d), Stats., as affected by 2017 Wisconsin Act 59, provides that the department shall promulgate rules establishing standards for the certification of child care providers. The rules shall include a requirement that a Level I certified child care provider successfully complete department−approved preservice health and safety training by no later than the date of certification. A Level II certified child care provider shall successfully complete the required training by no later than the end of the orientation period available under 42 USC 9858c (c) (2) (I) (i) (XI). Employees and volunteers of a Level I or Level II certified child care provider must also complete the required training by the end of the orientation period. Section 48.651 (1d) (b) 1. a. to j., Stats., specifies 10 topics that must be included in the required preservice or orientation training. Subdivision 2. provides that a child care provider or employee or volunteer of a child care provider shall also complete ongoing in-service training on an annual basis, including training on the topics listed in subd. 1. a. to j. Section 48.685 (9), Stats., provides that the department may promulgate any rules necessary for the administration of the section.
